Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 9837 of 2019 Petitioner :- Nathi Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Ji Pandey Counsel for Respondent :- C.S.C.,Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner praying for a direction to be issued to the learned Trial Court to decide the Recall Application filed by the petitioner on 26.03.2019 in Civil Suit No.7 of 2014 (Nathiram & another Vs. State of U.P.).
(3) Learned counsel for the petitioner has submitted that the Civil Suit No.7 of 2014 was dismissed in default on 23.11.2016. The petitioner moved the Recall application on 08.11.2017 which was rejected by the learned Civil Judge (Junior Division), Saharanpur Nagar, on 19.03.2019. The petitioner thereafter filed a Recall application on 26.03.2019 which has been registered as Miscellaneous Case No.05 of 2019 for recalling the order dated 19.03.2019. The said Recall application is still pending.
(4) Without entering into the merits of the controversy, this petition is finally disposed of with a direction to the Trial Court to consider and decide the Recall application, said to be pending before him since 26.03.2019 after issuing notice on the respondents/defendants as well and after hearing them in the matter at the earliest as learned Trial Court has found on 22.11.2019 that notice as Paper No.7A-2 has already been sufficiently served on the defendants respondents. As a last opportunity, four weeks' be given to them to file objections and the application should thereafter be decided preferably within a further period of eight weeks.
Order Date :- 17.12.2019 PAL